NRS 240.202
Use of electronic signature and electronic seal

  • safeguarding of electronic signature, electronic seal and notarial records
  • maintenance of technology or device used to create electronic signature.

1.

The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts.

2.

An electronic notary public shall safeguard his or her electronic signature, the electronic seal and all notarial records maintained by the electronic notary public as follows:

(a)

When not in use, the electronic notary public shall keep the electronic signature, electronic seal and all notarial records secure, under the exclusive control of the electronic notary public and protected by a password where applicable.

(b)

An electronic notary public shall not permit his or her electronic signature or electronic seal to be used by any other person.

(c)

An electronic notary public shall not surrender or destroy his or her notarial records except as otherwise required by the order of a court or as allowed pursuant to NRS 240.001 to 240.206, inclusive, or any regulations adopted pursuant thereto.

(d)

Except as otherwise provided in subsection 3, an electronic notary public, within 10 days after discovering that his or her electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image, shall:

(1)

Inform the appropriate law enforcement agency in the case of theft or vandalism; and

(2)

Notify the Secretary of State and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature using the name under which the electronic notary public is registered pursuant to NRS 240.192.

3.

An electronic notary public shall take reasonable steps to maintain the technology or device used to create his or her electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device. Upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until:

(a)

A new technology or device is acquired; and

(b)

The electronic notary public sends an electronic notice to the Secretary of State that includes the electronic signature of the electronic notary public required pursuant to paragraph (c) of subsection 2 of NRS 240.192 relating to the new technology or device.

Source: Section 240.202 — Use of electronic signature and electronic seal; safeguarding of electronic signature, electronic seal and notarial records; maintenance of technology or device used to create electronic signature., https://www.­leg.­state.­nv.­us/NRS/NRS-240.­html#NRS240Sec202.

240.181
Short title. 240.182
Definitions. 240.183
“Electronic” defined. 240.184
“Electronic document” defined. 240.185
“Electronic notarial act” defined. 240.186
“Electronic notary public” defined. 240.187
“Electronic seal” defined. 240.188
“Electronic signature” defined. 240.189
Applicability. 240.191
Unlawful acts 240.192
Registration 240.194
Period of registration 240.195
Courses of study required 240.196
Powers of electronic notary public. 240.197
Fees for services 240.198
Notarization of signature of person not in presence of notary public unlawful 240.199
Evidence of electronic notarial act 240.201
Duty to keep electronic journal of electronic notarial acts 240.202
Use of electronic signature and electronic seal 240.203
Notice to Secretary of State of death of electronic notary public or surrender, revocation or expiration of registration 240.204
Unlawful acts. 240.205
Authentication of signature of electronic notary public by Secretary of State 240.206
Regulations. 240.1821
“Audio-video communication” defined. 240.1823
“Credential” defined. 240.1825
“Dynamic knowledge-based authentication assessment” defined. 240.1882
“In the presence of” or “appear before” defined. 240.1943
Course of study for registration. 240.1991
Requirements for use of audio-video communication: Technology. 240.1993
Requirements for use of audio-video communication: Location. 240.1995
Duty to record electronic notarial acts performed using audio-video communication 240.1997
Electronic notarial acts using audio-video communication: Confirmation of identity. 240.1999
Recording certain electronic documents relating to real property.
Last Updated

Feb. 5, 2021

§ 240.202’s source at nv​.us